Baldoon grass kerfuffle

The foliage on 50 acres of the former Baldoon Golf Course received a stay of execution recently.

Scott Kilbride stood by his Case tractor the morning of Sept. 24 waiting to see if he’d have to wipe out all ground vegetation on one section of the property.

Time was ticking since the day before, when he indirectly received a notice that he was in violation of the property standards bylaw and had 72 hours to act or face the possibility the municipality would do it for him, potentially costing him thousands of dollars.

It was just the latest incident during the last year that has angered and frustrated him during his attempts to turn the former course into farmland.

“It’s one thing after another and I believe there is a concerted effort to stop this property from becoming farmland and keep it as a golf course,” he said.

Kilbride purchased the course last year from Jim Hawryluk who had been trying unsuccessfully to sell it as a golf course for the past five years.

Jim’s son Mike had operated it prior to his sudden death in 2009.

Kilbride said if the course had been viable, he couldn’t have afforded to nor would have wanted to purchase it.

“I was approached to buy it because the only viable use for the land was to turn it back into farmland,” he said.

In order to approve re-zoning the land from open space to agriculture, Chatham-Kent sought input from the St. Clair Region Conservation Authority.

Hawryluk, at his own expense, hired a consultant who filed reports last fall and in the spring showing no environmental issues.

The final report is to be completed shortly.

“There was no report ordered, contrary to what some people have claimed,” Kilbride said. “Jim’s done this voluntarily. In hindsight, it may have made more sense to just fill in the ponds, which we were legally able to do, and apply for a re-zoning permit afterward.”
Kilbride said there have been ATVs entering the property at various times and when the spring assessment was done, one of the ponds had “thousands of dead fish” in it.

“I’ve spoken to people who have golfed here for years and the only thing they said were in those ponds were golf balls and a few tadpoles,” he said.

“Some of these fish were 18 inches long. I’d like to know who put them there. I’d almost think someone was trying to introduce an at-risk species so we would have a reason not to proceed.”

Of more substantial concern is what Kilbride alleges is a conflict of interest between Wallaceburg councillor Jeff Wesley and the project.

“To begin with, Jeff Wesley is my cousin,” he said “I’m a director with North Kent Mutual and if the board had to deal with any action or claim involving him, I’d declare a conflict first thing.”

Wesley said he isn’t in any conflict.

“I was called by local residents who asked me what was going on at the (former) golf course,” he said. “I’m not about to tell them they can’t talk to me. It’s my belief that the owners of the course should have let the public know what was going on and that they can, in fact, do some work, then the issue might have been avoided, but that’s their choice.”

In mid-September, Wesley was publically critical of removal of trees and topsoil. He was quoted in the Sydenham Current online newspaper saying, “There is a proper process to follow and I am really disappointed that all involved did not wait until the re-zoning came before council before destroying parts of the golf course.”

Kilbride bristled at the suggestion he is doing anything that is not permitted.

“To begin with, we have every right to remove the trees we’ve removed and there was no topsoil taken. I’m a farmer; what farmer is going to strip the topsoil from his land? What did happen was that we had some sub-soil in a berm we supplied to Chatham-Kent to help with a drain project.”

Kilbride said the timing of the property standards notice angered him.

“I find the timing odd that shortly after a councillor complains about something not even in his ward – something it appears he may have a financial or other interest in – we find out we’re supposed to be in a bylaw violation shortly after,” he said. “How is it not a conflict to have a member of council who also sits on the St. Clair Conservation Authority to be involved in a property sale in this way?”

In terms of trying to save the golf course, Wesley said he was approached by a group that wanted to save at least part of the course.

“I wasn’t involved financially in any way,” he said. “I’m not even a golfer. It was a small group just looking to see if they could do anything and obviously it didn’t happen.”

Wesley said municipal planners are working on a site alteration bylaw “because as it stands now, there is a gap in the process. For all intents and purposes you can knock down a home and build a business in its place without zoning changes. The only thing you couldn’t do is operate it as a business.”

Once he read the bylaw notice, Kilbride began calling the Civic Centre to get clarification on what the infraction meant.

“I finally had to call the CAO (Don Shropshire) and even then it took a better part of the next day to get an official response,” he said. “I don’t have any experience with this, so I wanted some direction.”

Kilbride said he was told eventually that what he had been doing all summer was sufficient.

“I had left the grass a bit longer this one time because the people having their wedding photos taken at the property wanted that look.”

He added that because he’s about to enter harvest season, he wouldn’t have the free time to go and cut the grass on the property, so he had instead planned on wiping out all ground cover on the land in question.

“The notice wasn’t even given to me, it was given to Melissa (Gaylord, owner of The Clubhouse at Baldoon, the restaurant on the property). “

The entire episode left a bitter taste in his mouth.

Kilbride said the delay in getting zoning approval has cost those involved “well into six figures.

“I’ve spent the summer cutting grass; I’m sure not knowing what happening with the property has affected Melissa’s wedding business and Jim is out of pocket for the study costs and whatever interest he might have earned on the purchase funds.”

Kilbride said if the final report shows some issue with the property, he’s confident things could be worked out.

“We’re good stewards of the land,” he said. “I intend to leave trees along the roadway and I’m willing to talk about any issues.”

Gaylord said she just wants the issue resolved.

“We’ve worked hard to establish a good business here but there are still people who are nervous about booking because they hear the stories that we may not be here and so on. I know for a fact it’s costing us business.”

Hawryluk said he’s incensed over Wesley’s claims.

“I don’t know Mr. Wesley, but I was on Harwich Twp. council and served as reeve, and I know you don’t pick on constituents. I can’t get the golf course property re-zoned, I’m paying $7,000 per month in mortgage and taxes, I have no golf income and I have a council member telling me what I can and can’t do on my property? We have permission to cut down trees; we’ve avoided the only potentially environmentally sensitive area. I would advise Mr. Wesley to just shut up.”